Procedure for Divorce:

The law of divorce in India is very simple yet so complex.

There are two types of divorces:

1- Contested Divorce

2- Uncontested/ Mutual Consent Divorce

Contested Divorce

There are various grounds that can be taken towards a grant of decree of divorce by way of contesting such as adultery, cruelty, etc. You can also raise the ground to declare the marriage solemnized as null and void within a period of 1 year from the date of solemnization of marriage by citing reasons such as consent obtained by fraud, non-consummation of marriage, health issues, etc.

The procedure for a contested divorce is as follows:

Stage 1: Drafting > Filing > Numbering > Date of Hearing > 3 counselling sessions

Stage 2: counter statement to be filed

Stage 3: evidence/filing of proof affidavits to mark documents to be relied upon > cross examination

Stage 4: final arguments > orders.

The timeline for a contested divorce can be anything between 6 – 24 months depending on the facts and circumstances of every case and the legal counsels you choose to hire.

There are various nitty gritties in contested divorce cases which can only be addressed on a case to case basis and in my opinion it is extremely important to hire a competent and expert divorce lawyer to assist you.

It is to be noted that there is an option of appeal to the high court and a further appeal to the supreme court of India. However, such appeals are disposed of expediously as possible.

The procedure for a un-contested divorce is as follows:

Stage 1: Drafting > Filing > Numbering > Date of Hearing > 3 counselling sessions

Stage 2: counter statement to be filed

Stage 3: evidence/filing of proof affidavits to mark documents to be relied upon > cross examination

Stage 4: final arguments > orders.

Drafting of petition> Filing > Numbering of Case> Posted for hearing> date given after 6 months > evidence led through proof affidavit > divorce granted.

Moreover, in cases where the parties have been living separately for a period of one year, a waiver petition and affidavit can be filed to obtain a decree of divorce within a period of 30-45 days from the date of filing the petition.

Mutual Contested Divorce :

1.Both the Husband and wife should be present before the Hon’ble Judge at the time of filing the Mutual consent petition. The Court will verify the details in the Mutual consent petition and send it to the court officer for verify it as if it is properly filed as per requirements of the court documentation.

2.The Mutual consent petition if it seems in order then the Court officer will number it and post before the Court and they provide a hearing date after 6 months from the date of numbering the petition.

3.In case of emergency both the husband and wife can file a waiver petition to waive the six months waiting period. The court if it find there is no way for reunion and irrevocable breakdown of marriage then it waive the cooling period after one week of numbering the petition.

4.If the court consider it is deemed fit ot grant mutual consent then it grant divorce on mutual consent. The time period to get mutual consent divorce is 22 days to 180 days. The period will go beyond 180 days also according to the circumstances the case.

Null and Void Marriages

When a marriage is not proper under the eye of law as prescribed by the religious and civil marriage laws then it is null and void marriage.

Bigamy

When a person marries another person when the first marriage is legally valid and not declared by any court as legal or granted divorce, then the second marriage comes under bigamy. The first wife can seek the court to declare the second marriage as null and void. And the same can be done by the second marriage spouse to declare the second marriage is null and void. Bigamy is punishable up to 10 years in BNS.

Medical Ground

when a spouse married another spouse hiding all their medical conditions then it amounts to the consent obtain by fraud. If one spouse under go major operation or hiding any physical impediments, then null and void attracts.

Minor Marriage

when a boy is under 21 and a girl is under 18 then the marriage between them is null and void irrespective of their consent.

Mental illness

when a spouse at the time of marriage is suffering from mental disorder or mental illness, then the marriage is null and void.

Procreation of Children

when a women is not able to procure a child at the time of marriage then the marriage is null and void.

No Valid consent

If the consent of the spouse is obtained under fraud, threat, undue influence or they are not capable of giving valid consent for marriage then it falls under null and void type of marriages.

Prohibited relationship

when other spouse fall under prohibited relationship then the marriage is null and void. Ex: a mother cannot marry her son, a father cannot marry his daughter, grand parents cannot marry their grandchildren’s, brother and sister relationship cannot be married each other.

Sapindas

In Hindus who falls under the category of sapinadas cannot be married.

Non-Consumption of marriage

when a marriage is not consummated from the day one due to the non-acceptance of a spouse or due to impotency in male or female falls under null and void.

Pregnancy at the time of marriage

when a wife is pregnant at the time of marriage to whom the husband is not responsible then he marriage is voidable. The marriage can be accepted by the husband or he can proceed for null and void in court.

Restitution of Conjugal Rights

Restitution of conjugal rights is a legal remedy available in matrimonial law, where a spouse who has been abandoned or deserted by the other spouse can seek the intervention of the court to restore the marital relationship. This concept is recognized in many legal systems, including India, the United Kingdom, and other common law countries.

Legal Provisions in India

In India, restitution of conjugal rights is governed under:

1) Hindu Marriage Act, 1955 (Section 9)

2) Special Marriage Act, 1954 (Section 22)

3) Muslim Law (Based on Personal Laws and Precedents)

Essential Conditions for Filing a Petition

To succeed in a petition for restitution of conjugal rights, the petitioner must establish:

1. Withdrawal from Society – The respondent (spouse against whom the petition is filed) has withdrawn from the company of the petitioner.

2. No Reasonable Cause – The withdrawal must be without any justifiable reason such as cruelty, adultery, or mental illness.

3. Genuine Desire for Reconciliation – The petitioner must genuinely wish to continue the marital relationship.

Criminal Cases

A criminal case is a legal proceeding in which the government prosecutes an individual or entity accused of committing a crime. The case typically follows a structured process, including investigation, charges, trial, and sentencing if the accused is found guilty.

Key Elements of a Criminal Case

1. Offense & Investigation – A crime is committed, and law enforcement investigates.

2. Arrest & Charges – If evidence is sufficient, the suspect is arrested, and charges are filed.

3. Court Proceedings – The case proceeds to trial, where prosecution and defense present their arguments.

4. Verdict & Sentencing – If found guilty, the accused receives a punishment, such as fines, imprisonment, or probation.

Property Disputes

Property disputes arise when two or more parties have conflicting claims over a property. These disputes can involve land, residential properties, commercial properties, or inherited assets. Resolving property disputes often requires legal intervention to protect the rightful owner’s interests.

Common Types of Property Disputes

1. Title Disputes – Occur when multiple parties claim ownership over a property due to unclear or fraudulent titles.

2. Boundary Disputes – Arise when neighbors disagree over property lines and land encroachments.

3. Inheritance Disputes – Often happen when legal heirs contest the division of ancestral or inherited property.

4. Co-ownership Disputes – Occur when joint owners of a property disagree on its usage, maintenance, or sale.

5. Landlord-Tenant Disputes – Involve issues such as unpaid rent, eviction, or lease agreement violations.

6. Adverse Possession – Occurs when someone claims ownership of a property after possessing it for a statutory period without the original owner’s objection.

7. Property Fraud Cases – Involves fraudulent transactions such as illegal land grabbing, fake documentation, or misrepresentation in sale agreements.

Legal Framework for Property Disputes

The legal framework for property disputes varies by country but generally includes:

Land and Property Laws – Governing ownership, sale, and transfer of properties.

Succession Laws – Defining inheritance rights and property division among heirs.

Contract Laws – Addressing agreements related to property transactions.

Real Estate Regulations – Controlling land use, construction, and zoning laws.

Child Custody

A child custody case involves determining legal and physical custody arrangements for a child when parents are separated or divorced. The court’s priority is the child’s best interests.

Types of Custody

Legal Custody: The right to make important decisions regarding the child's upbringing, including education, healthcare, and religion.

Physical Custody: Determines where the child will live and the parenting schedule.

Joint Custody: Both parents share legal and/or physical custody.

Sole Custody: One parent has full legal and/or physical custody, with or without visitation rights for the other parent.

Factors Considered by the Court

Courts consider various factors to determine custody arrangements, including:

The child's age, health, and emotional needs.

Each parent's ability to provide a stable environment.

The child’s relationship with each parent.

Any history of abuse, neglect, or domestic violence.

The child's preference (if they are of a certain age).

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